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While driving is considered by many Australians to be a mundane but necessary activity, it still carries a number of risks, some of which are compounded by the serious offence of drink driving. Drink driving seems easy enough to avoid, however, residents in Sydney and generally, New South Wales, sometimes find themselves in a car accident due to a breach of the drink driving laws of New South Wales. When this occurs, the intoxicated driver is not only in a physically dangerous situation, but also one that carries serious legal consequences.
Should you call a lawyer if you are in a car accident as a result of drink driving in Sydney?
While the physical safety of you, your passengers and persons of any other vehicle involved in the accident are of the utmost importance, so is your legal protection. For this reason, we recommend that you immediately secure legal representation from a car accident lawyer if you are involved in a collision caused by drink driving.
Drink driving carries serious legal consequences, including charges if you refuse an electronic breath test. Contact Prominent Lawyers if you have been in a car accident and/or drink driving.
What law covers drink driving in New South Wales?
The penalties for drink driving offences in New South Wales are set out in the Road Transport Act 2013. The Act covers a broad range of traffic-related offences, including those applicable to driver licences, drug driving, negligent driving, reckless driving, inspection requirements and unsafe loads.
With regard to drink driving offences, there are five levels outlined in the Act. This is different from the blood alcohol concentration (BAC) limit that you should have according to the type of licence that you hold. Here are the different levels as outlined in the Road Transport Act 2013:
- Novice range (0.00 to 0.019 for a Learner, P1 or P2 driver)
- Special range (0.02 to 0.049 for a Learner, P1 or P2 driver or a bus or taxi driver)
- Low range (0.05 to 0.079)
- Mid-range (0.08 to 0.149)
- High range (0.15 and higher)
Each level has a corresponding minimum and maximum penalty as well as a minimum and maximum licence suspension. The NSW Government has 3 BAC limits that correspond to different licences.
1 — Zero BAC (alcohol-free) applies to:
- Learners drivers or riders
- Provisional 1 drivers or riders
- Provisional 2 drivers or riders
- Visiting drivers or riders holding an overseas or interstate learner, provisional or equivalent licence
Religious Defence - If you should comply with a zero BAC but you are caught with a BAC above zero but below 0.02 as a result of consuming alcohol as part of a religious ceremony, then your lawyer will be able to use this as a defence in your case.
2 — Under 0.02 BAC applies to:
- Drivers of vehicles of "gross vehicle mass" greater than 13.9 tonnes
- Drivers of vehicles carrying hazardous goods
- Drivers of public vehicles (e.g. taxis or buses)
3 — Under 0.05 BAC applies to:
- All other licences, including overseas and interstate licences
Offences and penalties for drink driving in New South Wales
According to Transport for NSW, the following are the penalties and offences according to the level of the drink driving offence (as stated above).
In the table, ‘alcohol interlock order’ will be referenced. An alcohol interlock is an electronic breath testing device linked to the ignition system of vehicles (including motorcycles) which analyses a breath sample from the driver for alcohol before the vehicle starts. This penalty is used for drivers convicted of serious driving offences.
Low, novice or special range
| Penalty | First Offence | Second or Subsequent Offence |
| Penalty Notice Fine | $572 | N/A |
| Immediate licence suspension | Yes | Yes |
| Maximum court-imposed fine | $2200 | $3300 |
| Maximum prison term | N/A | N/A |
| Minimum disqualification | 3 months | 6 months |
| Maximum disqualification | 6 months | Unlimited |
| Automatic disqualification (disqualification period that applies in the absence of a specific court order) | 6 months | 12 months |
| Subject to an alcohol interlock order | No | Yes |
Mid range
| Penalty | First Offence | Second or Subsequent Offence |
| Maximum court-imposed fine | $2200 | $3300 |
| Maximum prison term | 9 months | 12 months |
| Minimum disqualification | 6 months | 12 months |
| Maximum disqualification | Unlimited | Unlimited |
| Automatic disqualification | 12 months | 3 years |
| Immediate licence suspension | Yes | Yes |
| Subject to an alcohol interlock order | Yes | Yes |
High range, refuse breath analysis, a blood sample and/or alter concentration in the blood
| Penalty | First Offence | Second or Subsequent Offence |
| Maximum court-imposed fine | $3300 | $5500 |
| Maximum prison term | 18 months | 2 years |
| Minimum disqualification | 12 months | 2 years |
| Maximum disqualification | Unlimited | Unlimited |
| Automatic disqualification | 3 years | 5 years |
| Immediate licence suspension | Yes | Yes |
| Subject to an alcohol interlock order | Yes | Yes |
*Table was taken and adapted from Transport for NSW.
From 20 May 2019, if a driver commits a low, special or novice range drink driving offence, NSW Police can immediately suspend the driver’s licence. For first time offenders, the driver’s licence can be suspended for 3 months.
Securing legal representation for your drink driving offence is imperative
Whether it is your first offence or not, the penalties for drink driving in New South Wales are incredibly serious and can result in massive fines and inconvenient disruptions to your life. This can be made even worse if your drink driving results in a car accident. To protect yourself and to ensure that you secure the best defence and representation possible in this difficult time, contact Prominent Lawyers.
Romina Canelas
*The contents in this article are solely intended to provide general information in summary and do not constitute legal advice. We recommend seeking the assistance of a legal professional to discuss any matters at hand.
